Chestnut Ridge City Zoning Code
ARTICLE XV
Board of Appeals
§ 290-103 Creation, appointment and organization; alternate members.
[Amended 8-20-1992 by L.L. No. 5-1992]
A.
Notwithstanding the provisions of § 7-712 of the Village Law of the State of New York, a Board of Appeals of seven members is hereby continued. The terms of office of all existing members shall expire at the end of the terms for which they were appointed. Their successors shall be appointed for terms of five years. Each term shall expire on the first day of the Village fiscal year. The Village Board shall designate the Chairperson and Deputy Chairperson from the Board of Appeals's membership. The terms of the Chairperson and Deputy Chairperson shall be for one official year.
B.
Alternate members.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
In addition to regular members appointed and serving as per Subsection A, the Village Board shall appoint two temporary alternate members to the Board of Appeals to serve as provided herein. Said alternate members shall attend all meetings of the Board, and the Chairman of the Board of Appeals shall designate the alternate members as acting members as necessary when absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent seven members of the Board from considering any pending matter. The alternate members shall be so designated on a rotating basis so that each alternate member shall be afforded an equal opportunity to serve, except that the Chairman shall designate the alternate member with the longer remaining term if the particular matter is likely to continue beyond the current official year. Once designated to serve on a particular matter before the Board, the alternate member shall have the same powers and duties as regular members of the Board until that matter is concluded. Any determination by the Board consisting of alternate members shall have the same weight and be entitled to the same authority as the act or deed of the regular Board of Appeals and all laws, statutes and regulations shall apply and be applied with equal force and effect. Alternate members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Village Board.
(2)
Both alternate members shall serve two-year terms expiring at the end of the official year except in the first year of the application of this chapter, to stagger the terms, one alternate member shall be appointed for one year and one for two years. Their successors shall be appointed for a term of two years after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Village Board for the unexpired term. The Village Board shall have the power to remove any alternate member of the Board of Appeals for cause, after a public hearing if one is requested.
(3)
Although both alternate members of the Board of Appeals shall attend all meetings of the Board of Appeals, they shall have no power to participate in any actions of the Board of Appeals except as provided herein.
§ 290-104 Power and duties.
The Board of Appeals shall have all the powers and duties prescribed by statute and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board that is conferred by law.
A.
Appeals. The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination of the Building Inspector or such other official charged with the enforcement of this chapter. The Board of Appeals shall not hear any appeal from nor review any order, determination, requirement, decision or revocation of the Building Inspector where such order, determination, requirement, decision or revocation has been directed by the Village Board. In addition, the Board of Appeals may not waive the requirement for site development plan application as required in any part of this chapter.
B.
Interpretation. On an appeal from any order, requirement, decision or determination made by an administrative official or by the Building Inspector to decide any of the following questions:
C.
Variances. On appeal from an order, requirement, decision or determination made by the Building Inspector, or on referral of an applicant to the Board by an approving agency acting pursuant to this chapter, the Board of Appeals is authorized to vary or modify the strict letter of this chapter where its literal interpretation would cause practical difficulties or unnecessary hardships, as defined in this section, in such manner as to observe the spirit of the chapter, secure public safety and welfare and do substantial justice. Where required, variance applications shall be referred to the Rockland County Department of Planning (see Article XVII, § 290-113).
[Amended 8-20-1992 by L.L. No. 5-1992]
(1)
Bulk variances. Where, because of practical difficulty, an applicant requests a variance of the bulk requirements of this chapter, the Board may grant a variance in the application of the provisions of this chapter in the specific case, provided that the Board shall make a specific finding that the application of the requirements of this chapter to the land in question creates practical difficulty. In making this determination, the Board shall take into consideration the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood or other properties by such grant. In making such determination, the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; and
(b)
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than a variance; and
(c)
Whether the requested variance is substantial; and
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the variance.
(2)
Use variances. The Board shall have the power to grant a use variance authorizing a use of land which otherwise would not be allowed or would be prohibited by the terms of this chapter. No such use variance shall be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[Amended 3-20-2003 by L.L. No. 1-2003]
(a)
The applicant cannot realize a reasonable return, provided that such lack of return is substantial as demonstrated by competent financial evidence; and
(b)
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; and
(c)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(e)
The Board, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
The Board shall, in the granting of both use and bulk variances, have the authority to impose such reasonable conditions and restrictions as are directly related and incidental to the proposed use of the property, or the period of time such variance shall be in effect.
(4)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
[Added 3-20-2003 by L.L. No. 1-2003]
(5)
Any variance granted pursuant to this section shall expire three years after the date of the resolution granting such variance unless a building permit has been issued for the building or structure for which the variance has been granted and construction commenced on said building or structure.
[Added 3-20-2003 by L.L. No. 1-2003]
D.
Extensions across district boundaries. In appropriate cases where a lot lies within two districts, the Board of Appeals may permit the extension of existing or proposed permitted accessory off-street parking space across a district boundary, under such conditions as will safeguard the character of the district into which such use is extended. However, no such extension shall exceed 75 feet, measured at right angles to such district boundary. The power under this subsection shall not permit the moving of the zoning district line but only the extension of the accessory off-street parking space.
E.
The Board of Appeals, after a public hearing, shall have the power to direct the Building Inspector to issue a building permit, certificate of occupancy or certificate of use, as the case may be, subject to other applicable laws, codes, rules and regulations.
F.
At least five days prior to the public hearing on the application before the Zoning Board of Appeals, the applicant shall submit an affidavit stating that he has sent notice of such hearing by first-class U.S. Mail to property owners and registered mailing addresses within 500 feet of the perimeter of the site (as shown on the latest Town of Ramapo tax rolls), at least 10 days prior to the public hearing. The applicant shall file with the Village a copy of the certificates of mailing as provided by the U.S. Postal Service evidencing such mailing to each of the said property owners and registered mailing addresses. The applicant shall also submit an affidavit that, at least 10 days prior to the public hearing, posters (in a form as available from the Clerk to the Planning Board) were placed in visible locations on any public thoroughfare abutting the site at each boundary line, and at distances of every 200 feet along the entire street frontage of the property. All such posters shall be removed from the site and from the public thoroughfares within 24 hours after the close of the public hearing to which they relate. The notice of public hearing shall also be published in the official newspaper of the Village at least 10 days prior to said hearing. To the extent permitted by law, and to the extent practicable, the applicant is responsible for complying with all notice, posting, and publication requirements, General Municipal Law referral compliance, and for filing proof of compliance with the Village at least five days prior to the public hearing. The foregoing requirements shall be enforced for all applications pursuant to this chapter notwithstanding any other contrary provisions that may exist in the Village Code.
[Added 4-28-2022 by L.L. No. 4-2022]
§ 290-105 Rules of procedure.
A.
The Board of Appeals may adopt rules and regulations with respect to procedure before it and with respect to any subject matter over which it has jurisdiction, subject to approval of the Village Board. Such regulations shall include provisions for conduct of meetings, notification of parties, form of applications and filing of decisions.
B.
Every decision of the Board of Appeals shall be recorded in accordance with a standard format adopted by the Board, shall fully set forth the circumstances of the case and shall contain a record of the findings on which the decision is based. Every decision of said Board shall be by resolution, and each such resolution shall be filed in the office of the Village Clerk and Building Inspector by case number within five business days after its adoption.
[Amended 8-20-1992 by L.L. No. 5-1992; 1-21-2021 by L.L. No. 1-2021]
C.
All appeals and applications made to the Board of Appeals shall be in writing and shall be accompanied by a fee as determined in the Standard Schedule of Fees, as may be adopted from time to time by resolution of the Village Board.
D.
At least five days prior to the public hearing on the preliminary and final site development plan, the applicant shall submit an affidavit stating that he has sent notice of such hearing by certified mail, return receipt requested, to property owners within 500 feet of the perimeter of the site (as shown on the latest Town of Ramapo tax rolls), at least 10 days prior to the public hearing, and shall submit receipts from the U. S. Postal Service showing such mailing to each of said property owners. The applicant shall also submit an affidavit that, at least 10 days prior to the public hearing, posters were placed in visible locations on any public thoroughfare abutting the site at distances of 200 feet in front of the site and for a distance of 500 feet from the perimeter of the property. Said posters shall be provided to the applicant by the Secretary of the Planning Board. The Village shall advertise the date, time and place of the hearing in the official newspaper of the Village at least 10 days prior to said hearing.
[Added 9-9-2021 by L.L. No. 5-2021]
§ 290-106 Appeals from Board of Appeals determinations.
Any person aggrieved by any decision of the Board of Appeals hereunder may, within 30 days of the filing of the decision with the office of the Village Clerk, appeal pursuant to Article 78 of the Civil Practice Law and Rules.